General Medical Council v Sheill

General Medical Council v Sheill

The interim suspension order was necessary when made and continues to be necessary. The court is satisfied that the concerns leading to suspension have not been allayed, and a return to conditions would not suffice. The delay in disciplinary proceedings is not unreasonable or in breach of Article 6 ECHR. The suspension should be extended, but not for the full 12 months sought.

Parties
Claimant: General Medical Council; Defendant: Dr. Michael John Sheill
Jurisdiction
England and Wales
Judgment Date
30 November 2006
Procedural Posture
Judicial Review / Statutory Application / Application for Extension and Termination of Interim Suspension Order
Outcome
Application for extension of interim suspension granted; application for termination refused.
Legal Topics
Interim Suspension, Fitness to Practise, Procedural Fairness, Article 6 ECHR, Extension of Suspension Orders
Administrative Law Medical Law Professional Regulation Interim Suspension Fitness to Practise Procedural Fairness Article 6 ECHR Extension of Suspension Orders

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Parties

General Medical Council

Claimant

Dr. Michael John Sheill

Defendant

Procedural Posture

Judicial Review / Statutory Application / Application for Extension and Termination of Interim Suspension Order

Legal Issues

  1. 1 Whether the interim suspension order against Dr. Sheill was necessary and should be extended
  2. 2 Whether the court can reconsider the correctness of the original suspension order
  3. 3 Whether the delay in disciplinary proceedings breached Article 6 ECHR

Ratio Decidendi

The interim suspension order was necessary when made and continues to be necessary. The court is satisfied that the concerns leading to suspension have not been allayed, and a return to conditions would not suffice. The delay in disciplinary proceedings is not unreasonable or in breach of Article 6 ECHR. The suspension should be extended, but not for the full 12 months sought.

Court Disposition

Application for extension of interim suspension granted; application for termination refused.

Orders

  • Interim suspension order extended until 30 September 2007.
  • Application for termination of suspension refused.